2.21.3623    RETENTION DURING REDUCTION IN FORCE

(1) As provided in 39-29-111, MCA, "during a reduction in [work] force, a public employer shall retain" over all others a veteran, a disabled veteran or an eligible relative who:

(a) has similar job duties and qualifications;

(b) has not been rated unacceptable under a performance appraisal system; and

(c) has the same or greater length of service.  Length of service means continuous employment by an individual public employer as defined in 39-29-101, MCA.

(2) As provided in 39-29-111, MCA, "a disabled veteran with a service-connected disability of 30% or more" shall be retained over other veterans, disabled veterans and eligible relatives.

(3) It will be the responsibility of the employee to claim preference in retention.  An employee who claims preference in retention as a veteran, a disabled veteran, a 30% disabled veteran or an eligible relative shall document eligibility in the same manner required in ARM 2.21.3616 for the claim of preference for initial hiring.

(4) As provided in 39-29-111, MCA, "The preference in retention...does not apply to a position covered by a collective bargaining agreement." 

History: 39-29-112, MCA; IMP, 39-29-111, MCA; NEW, 1990 p. 478, Eff. 3/16/90; AMD, 1997 MAR p. 1445, Eff. 8/19/97; AMD, 2003 MAR p. 2077, Eff. 10/1/03.